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How to Respond to a Petition for Child Custody in California

How to Respond to a Petition for Child Custody in California

By Her Lawyer on September 1st, 2020

Responding to a Petition for Child Custody

Parents often have many questions when responding to a child custody request. Here’s how to respond to a petition for child custody in California.

To respond to a petition for child custody in California, a parent should fill out, review, make copies of, and file a Form FL-320, along with other forms. A process server must then serve the forms to the other child’s parent and file their proofs of service. Parents may attend either mediation or court to settle custody disputes.

Complete, Review, and File Necessary Forms

The forms a parent is dependent upon their unique circumstances. Read the entire article and speak with an attorney before deciding which forms to complete and file. Our experienced child custody lawyers can help your respond to a petition for child custody.

If you received a Request for Order (Form FL-300), respond with the following form:

In the Responsive Declaration to Request for Order, the responding parent lets the court and other party know whether they agree or disagree with each request. Form FL-320 allows the responding parent to list facts that support their claims in an attached declaration.

Depending on your unique child custody matter, you may want to file some of the following forms as well:

  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105)
  • Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311)
  • Request for Child Abduction Prevention Orders (Form FL-312)
  • Children’s Holiday Schedule Attachment (Form FL-341(C))
  • Additional Provisions – Physical Custody Attachment (Form FL-341(D))
  • Joint Legal Custody Attachment (Form FL-341(E))

Every case is different, so speak with an attorney to determine which forms you should fill out. Contact Her Lawyer to get in touch with one of our experienced child custody attorneys.

If you or your spouse requested child support in a Form FL-300 as well, fill out:

For spousal support requests, complete:

  • Income and Expense Declaration (Form FL-150)
  • Spousal or Partner Support Declaration Attachment (Form FL-157)

If attorney fees are requested, fill out:

  • Income and Expense Declaration (Form FL-150)
  • Support Declaration for Attorney’s Fees and Costs (Form FL-158)
  • Request for Attorney’s Fees and Costs Attachment (Form FL-319)

If you’re asking for new court orders in your response, you should only file a:

Have a Lawyer Review Your Forms

Properly completing and filing these forms is a crucial part of resolving child custody disputes. If you respond to the petition for child custody with incorrect or incomplete forms, your parental rights may be jeopardized. Make sure an attorney with specialized experience in child custody matters reviews your forms.

If you’re looking for an attorney to review your forms or handle your entire custody matter, contact us. We’ll get you in touch with one of our skilled, passionate child custody lawyers.

Make 2 Copies of Each Form

Remember to make two copies of each form you plan to file; one for you and one for the child’s other parent. The original copies are to be filed with the court.

File the Forms With the Court

Once you’ve completed these forms and had them looked over by an attorney, file them with your local court’s clerk. The court clerk will stamp all forms and copies “Filed”, keep the original forms, then hand you back the copies.

Serve the Forms

After filing the child custody response forms with the court clerk, get someone over the age of 18 (NOT YOU) to serve one set of these forms to the petitioner (child’s other parent). These papers must be served at least 9 days before your initial court hearing.

For more information about how to serve divorce or child custody papers, click here.

File Proofs of Service

Once the process server files, he or she must file proofs of service to legally prove that they notified the petitioner of the response. This is a crucial step in responding to a child custody request. The process server will need to file:

  • Proof of Service of Summons (Form FL-115)

Go to Mediation or Court

After responding to the petition for child custody, parents will likely attend mediation or court to reach a final custody agreement. Whether parents attend mediation or court is dependent upon the circumstances of their case and how the responding parent answered to the Request for Order.

If the respondent agrees to the petitioner’s Request for Order, the parents may not even need to attend mediation. But, if the respondent contested many terms of the petitioner’s request, they will need to attend mediation, and in more complex cases, court. For more information about responding to a petition for divorce, click here.

To best protect your rights in mediation or court, hire an experienced child custody lawyer or divorce attorney. Child custody settlements can greatly affect your life, so its important to have legal counsel and representation when determining it.

If you want to get in touch with an experienced divorce or child custody mediator, click here.

Sample Response to Petition for Child Custody in California

[pdf-embedder url=”https://herlawyer.com/wp-content/uploads/2020/09/Her-Lawyer-fl320.pdf” title=”Her Lawyer – Responsive Declaration to Request for Order (Form FL-320)”]

Sample Declaration Letter for Child Custody in California

[pdf-embedder url=”https://herlawyer.com/wp-content/uploads/2020/08/Her-Lawyer-Sample-Declaration-Letter-for-Child-Custody-in-California-1.pdf” title=”Her Lawyer – Sample Declaration Letter for Child Custody in California”]

What happens if you don’t respond to child custody papers in California?

If a parent fails to respond to a petition for child custody, that parent loses their right to speak in court about these matters. Custody and visitation orders will be made without their input.

Contact Us

If you need to respond to a petition for child custody in California, contact us. We’ll get you in touch with the most qualified attorney or mediator for your unique legal matter. Your first consultation with the attorney is free. We’re here to help 24/7.